Fitzgerald v. Matthews

Full title: THOMAS FITZGERALD, Appellant, v. JEAN MATTHEWS, Respondent

Court: Court of Appeals of the State of New York

Date published: Feb 18, 1997

89 N.Y.2d 977 (N.Y. 1997)

678 N.E.2d 1351

Opinion

Submitted February 10, 1997

Decided February 18, 1997

Appeal transferred, without costs, by the Court of Appeals, sua sponte, to the Appellate Division, First Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]).